Articles

The adjudicator's conduct was in breach of the rules of natural justice by applying the test for apparent bias in relation to his communications with the parties' representatives during the course of the adjudication

read more >

The contractor's petition for the judicial review and reduction of the adjudicator's decision on the ground that the adjudication was without lawful warrant because the adjudicator's appointment was by an unauthorised nominating body should be refused

read more >

A compromise agreement was entered into whereby the employer agreed to pay the sum invoiced by the contractor by a specified date despite the fact that the employer had previously purported to serve a notice of withholding for a similar sum to that invoiced

read more >

The supply of equipment for modules for an oil rig supported by legs attached to the seabed below the low watermark were not "construction operations" within the meaning of section 105(1) of Construction Act 1996

read more >

Execution of the summary judgement should be stayed pending the trial of the employer's counterclaim subject to the employer paying the judgement sum into court

read more >

The test to be applied to all cases concerning ?apparent? bias of adjudicators was whether the circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility of danger that the tribunal was biased

read more >

Although the subject matter of the two adjudications concerned the same payment application, there were two separate disputes referred in the two adjudications with the result that the adjudicator had jurisdiction to make the decision he did in the second

read more >

The sub-contractor?s jurisdictional challenge to the adjudicator's decision ordering payment in respect of two applications that the notice of referral only stated that the sub-contractor had not paid on the second of the two applications should not succeed

read more >

It was not the case that the adjudicator acted without jurisdiction by reason of the true party to the contract being the defendant?s company (rather than the defendant himself) with the result that the adjudicator?s decision in the claimant?s favour against the defendant should be enforced

read more >

The adjudicator's decision was not void for lack of jurisdiction by reason of being based it on an issue not referred, ie that the Scheme for Construction Contracts applied

read more >

The supply and installation of field wiring for the diesel powered electricity standby generators was not an exception to what constituted "construction operations" under section 105(2)(c) of the Housing Grants, Construction and Regeneration Act 1996

read more >

Summary judgement to enforce the adjudicator?s decision should not be refused on the grounds that the claimant might be insolvent but execution on the judgement should be stayed until the hearing of the winding-up petition against the claimant

read more >

The employer should not have leave under section 11(3)(d) of the Insolvency Act 1986 to commence an adjudication against the trade contractor in administration where the trade contractor had already started court proceedings against the employer

read more >

Even if the finding that the contractor?s contention that there was no concluded sub-contract should be rejected was wrong, the sub-contractor was still entitled to summary judgment to enforce the adjudicator?s decision in its favour

read more >

The adjudicator?s breaches of the requirement of neutrality meant that the decision he made should not be enforced

read more >

The adjudicator?s decision should not be enforced where there was also a dispute as to whether a contract had been concluded and arbitration proceedings had been started to resolve this dispute

read more >

Summary judgement should be ordered to enforce the adjudicator's decision despite the contractor?s contention that it did not have the benefit of a fair hearing on the basis that article 6 of the European Convention on Human Rights did not apply to adjudications

read more >

The building contract was entered into between the employer and the contractor, and not between the project manager and the contractor

read more >

The adjudicator was in breach of the rules of natural justice by reason of having had undisclosed communications with a representative of the contractor

read more >

The sub-contractor was entitled to summary judgement to enforce the adjudicator?s decision in its favour notwithstanding the contractor?s proposed abatement in respect of overpayments on earlier interim payments

read more >